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The decision was adopted by the Eighth Review Chamber of the Court, with a presentation by Judge José Fernando Reyes Cuartas, after assessing compliance with the ninth order on disclosure and communication of said judgment.
This is because the portfolio took more than a year to execute the actions, despite the fact that it was an immediate compliance order.
In addition, said the Chamber, there are doubts about the effectiveness of the dissemination strategy through the stations, “because it is not clear which were the receiving communities of the information, the pre-established hours and if the broadcast time was sufficient to transmit the more than five hours of reading the main parts of the decision”.
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In addition, the information sent to the Court does not account for the content that was translated into the Wayuunaiki language and disseminated in the communities.
“In fact, this information allows us to infer that a textual reading was made that did not take into account the need for transmission in a simple and culturally adapted language to guarantee the understanding and appropriation of the content of the ruling by the communities,” says the senior court.
Lastly, according to the court, according to what was stated by the representatives of the indigenous communities and the Citizen Oversight Office, ignorance of the content of the sentence persists in many of these communities.
“Despite the importance of the ninth order and the long time that has elapsed since the notification of the sentence, there is no effective knowledge of its essential content among the leaders and members of the indigenous communities of Riohacha, Manaure, Maicao and Uribia, circumstance which contributes to the ECI being extended over time,” the Court indicated.
The high court evidenced that this community does not feel or perceive itself as part of the process of shaping public policy to solve the difficult situation to which it has been subjected historically, in particular, with a place in society and the right to have an identity that is neither inferior nor subordinate to the others, as they are holders of the same fundamental rights.
The Court reiterated that the indigenous communities must be heard, that the timely and effective realization of their constitutional rights must be treated with due relevance, and that the State, the territorial entities and society must work hard to guarantee subsistence in decent conditions. of ethnic peoples.
“The symbolic act that the ICBF must carry out, in addition to constituting a form of historical and symbolic reparation, aims to highlight the fundamental role that the Wayú people are called to play as an active participant, in conditions that respect their identity and cultural integrity, of the process of design and implementation of the public policy aimed at solving the ECI”, reported the high court.